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(영문) 광주지방법원 순천지원 2018.12.06 2018고합201
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant registered as a preliminary candidate in the election D(E, F, G, H, and I) of the Southern Provincial Council member (E, F, H, and I) prior to simultaneous local elections all over the country, which was implemented on June 13, 2018, and was elected by withdrawing as a candidate recommended by

No one shall conduct an election campaign except for methods prescribed by the Public Official Election Act prior to the election campaign period, and no one shall use the confirmation devices for the election campaign, except where used pursuant to the Public Official Election Act.

Nevertheless, on May 12, 2018, the Defendant: (a) at L elementary school playgrounds located in K around 11:00 on May 12, 2018; (b) while there are approximately 300 persons who participated in the said school’s total uniform sports games, he/she wears the uniforms for election campaigns, using microphones connected to the positive device installed at that place. “J Party A, who was officially recruited as the Do Council candidate, is a member of the Do Council.”

I will look into the pending projects and accommodation projects of our K more thoroughly.

“At the above election, I made a statement to induce the Defendant to support the Defendant.”

As a result, the Defendant carried out an election campaign prior to the election campaign period, and used the confirmation devices for the election campaign.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to M and N;

1. Report of investigation (affording of the recording of the accused) and report of investigation (affording of the constituency of the accused);

1. The application of Acts and subordinate statutes to the notification of investigation data or accusation;

1. Article 254 (2) of the Act on the Election of Public Officials under the relevant Act on Criminal facts (the election campaign in violation of an election campaign period), Article 255 (2) 4 and Article 91 (1) of the Public Official Election Act (the election campaign in violation of an election campaign period);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a violation of the Election Campaign Act due to an election campaign in violation of an election campaign period which has heavier penalty)

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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